Author: Abhinav Mishra, Student at Dr. B. R Ambedkar National Law University, Sonipat
Co-Author: Shivani Dhaka, Student at Dr. B. R Ambedkar National Law University, Sonipat
The evolution of judicial systems throughout history has played a pivotal role in shaping societies and upholding the rule of law. This article explores the merits, value, and limitations of decisions made by High Courts in India coupled with an overview of the persuasive nature of the decisions pronounced by high courts. The article delves into the historical establishment of Indian High Courts through the Indian High Courts Act of 1861, highlighting their role as guardians of justice and how they have evolved and constructively transcended their boundaries to create a just society where principles of law prevail.
The article also sheds light upon the concept of the persuasive value of High Court decisions, where these judgments possess persuasive value and respect extends beyond their territorial jurisdiction. The article discusses various case laws, constitutional provisions, and scholarly opinions that shed light on the persuasive nature of these decisions. It also addresses its exceptions, such as abrogated or overruled decisions, decisions rendered per incuriam, sub-silento judgments, and the obiter dicta of a High court judgment.
The article moving forward draws a contrast to the ideal concept of persuasive value to what is the current situation that is prevalent in the country that is augmented by various case laws that provide the local standi of Supreme Court regarding the binding and persuasive nature of decisions delivered by High courts.
The article aims to deliver what potential do a decision of high courts have when it comes to considering its persuasive value and how it could have an extraterritorial application irrespective of its territorial limits and brings out views of various justices, scholars, and judgments pronounced by the apex court that bolster the idea to extraterritorial application of judicial decisions pronounced by High Courts.